Institute of Legal Philosophy, China University of Political Science and Law, Beijing 100088, China;
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Published
05 Dec 2007
Issue Date
05 Dec 2007
Abstract
Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode.
ZHENG Yongliu.
Mode of making legal decisions. Front. Law China, 2007, 2(4): 518‒537 https://doi.org/10.1007/s11463-007-0024-y
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